Recently, the Delhi High Court said that "love and affection" is an implied condition in the gift deeds by senior citizens to their family members. It further noted that not providing maintenance to the senior citizen after the gift deed was executed would mean that the property was transferred through fraud or coercion and it can be declared void. The Delhi HC bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that to attract the provisions of Section 23(1) of the Senior Citizens Act (allowing reclaim the property if proper care is not provided), the deed in question need not expressly contain a condition that the transferee shall provide the basic amenities and basic physical needs to the transferor, especially in the context of execution of a gift deed. The court observed while upholding the cancellation of a property gift deed executed by an 88-year-old woman, Daljit Kaur, in favour of her daughter-in-law. 'Father Was a Sex Addict': Delhi High Court Cancels Bail of Man Accused of Raping Minor Daughter and Forcing Her To Watch Porn.

Senior Citizens Can Cancel Gift Deeds in Absence of 'Love and Affection', Says Delhi High Court

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